Fergal Browne (Fine Gael)

I move amendment No. 4:

In page 17, between lines 19 and 20, to insert the following subsection:

"(2) Where the Commission is of the opinion that there has been a failure to comply with the principles and policies of this Act, in particular if it forms the opinion that there has been a failure to apply codes of practice, it may investigate or cause to be investigated the matter on its behalf by a person appointed under section 15.".

Section 14 provides that if someone interferes with the recruitment process, the matter will be reported to the commission which will then take action. This is a one-sided approach which carries a danger that where an outsider who applies for a job fails to meet standards, the matter will be reported, whereas in circumstances in which those holding the competition also fail to comply with the highest standards, it may not be reported.

Where the commission is of the opinion that the principles of the Act have not been applied, it should have the power to investigate the competition in question under section 15. This is similar to what is envisaged if the commission were to discover that an applicant had transgressed by canvassing or copying. What is good for the goose is good for the gander. If the recruitment agency or licence holder fails to reach the standard, the section should apply to it in the same way as it would apply to those applicants who do not reach the standard.